Leanyear v. MacDonald et al

Filing 44

ORDER ACCEPTING 39 REPORT AND RECOMMENDATIONS; and DENYING 26 MOTION to Dismiss With Prejudice by Defendants R Brumett, J C Gutierrez, B MacDonald, D McCarran, C Thurston. Signed by Judge Joseph S Van Bokkelen on 10/1/2013. (lhc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
Antuan Leanyear,
Plaintiff,
v.
Case No. 1:12-CV-136 JVB

B. MacDonald, Fort Wayne Police
Officer#1837F, in his personal capacity;
et al.,
Defendants.

ORDER
Magistrate Judge Roger Cosbey issued a Report and Recommendation on the
Defendant’s motion to dismiss as a sanction for Plaintiff’s failure to comply with Defendants’
deposition requests (DE 26). Judge Cosbey recommends that the motion be denied. No party has
objected to that recommendation.
As a result, the Court accepts Judge Cosbey’s Report and Recommendation (DE 39) and
denies Defendants’ motion to dismiss (DE 26).
SO ORDERED on October 1, 2013.

S/ Joseph S. Van Bokkelen
JOSEPH S. VAN BOKKELEN
UNITED STATES DISTRICT JUDGE